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Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05269

Branch v City of New York

Read the official decision: 2026 NY Slip Op 05269

Holding The court affirmed summary judgment dismissing the complaint against the abutting property owners because they had no duty to maintain the city-owned tree well. The defendants successfully demonstrated they did not create the dangerous condition, negligently repair the area, or cause the condition through special use.

The court’s words

section 7-210 does not impose civil liability on property owners for injuries that occur in city-owned tree wells

2026 NY Slip Op 05269, at the official text

liability may be imposed on the abutting landowner in such instances only where she or he has affirmatively created the dangerous condition

2026 NY Slip Op 05269, at the official text

defendants demonstrated, prima facie, that the plaintiff fell due to a condition in a tree well that they had no duty to maintain

2026 NY Slip Op 05269, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05269
Area of lawPersonal Injury and Negligence
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05269
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id458

Recommended citation

ESQ HQ, New York Law Watch, Branch v City of New York, 2026 NY Slip Op 05269 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05269/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 16, 2026. Updated September 16, 2026.